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Part III The Sources of International Responsibility, Ch.30 The Character of the Violated Obligation

Antonio Cassese

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 March 2023

Responsibility of states — Erga omnes obligations — Peremptory norms / ius cogens — State practice — Geneva Conventions 1949 — Prisoners of war
Article 40(1) of the ILC Articles on State Responsibility makes Chapter III of Part Two of the Articles applicable to serious breaches by States of ‘an obligation arising under a peremptory norm of general international law’. It follows that the consequences of a serious breach of international law subsequently envisaged in article 41 (namely the obligation (1) to cooperate to bring to end lawfully the breach, (2) to refrain from recognizing the wrongful situation, and (3) to refrain from rendering aid or assistance to the delinquent State) only apply to breaches...
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